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Terms and Conditions

1. Area of application
1.1 The following terms and conditions apply to all orders placed with the Orgeln audiovisuell online shop, Johannes Eckelmann (= seller).
1.2 Any terms and conditions differing herefrom require an explicit confirmation in writing.
1.3 Terms conflicting with or deviating from these Terms and Conditions shall not become part of the contract even if the seller delivers without reservation.

2. Prices and shipping costs
2.1 The prices current at the time the order is placed shall apply. Prices are inclusive of German Value Added Tax at a rate of 19 %.
2.2 Shipping costs are charged for postage and packaging.
2.3 If purchases are effected from abroad, any customs and duty shall be borne by the customer.

3. Offer and acceptance
3.1 The websites of the seller, any brochures and catalogues of the seller do not contain a legally-binding offer to enter into a contract.
3.2 A legally-binding offer to enter into a purchase agreement first originates from the customer who can make this offer by placing an order electronically with the Seller using the online shop, by email, post, telefax or on the telephone.
3.3 The contract becomes effective as soon as the seller accepts the offer. The seller notifies the customer hereof as soon as possible, no later than four weeks after receipt of the offer. The seller may also accept the offer by delivering the goods ordered to the customer within four weeks of receipt of the offer.
3.4 The customer must be of legal age.

4. Purpose of the contract
The contract is of commercial nature.

5. Delivery
5.1 Delivery is effected as quickly as possible
5.2 Fixed dates must be confirmed in writing by the seller.
5.3 The right to effect minor alterations to the articles is reserved.
5.4 Delivery is effected to the delivery address indicated by the customer.
5.5 If events occur which make delivery considerably difficult for the seller, then the delivery date may be may extended to a reasonable degree.

6. Terms of payment, due date and default
6.1 The purchase price falls due upon receipt of the invoice with no deduction for discount.
6.2 For the debit note procedure you need a German bank account. In case of incorrect account data or a reversal we are not responsible for the coustomer will be charged  7,- Euros or more.

7. Instructions on the right of return
The customer may return the goods received by sending them back within two weeks without indicating any grounds. The period starts to run upon receipt of these instructions in textual form (e.g. by letter, fax or email), but not prior to receipt of the goods by the recipient, nor prior to compliance with the seller's duties to provide information pursuant to 312c (2) German Civil Code (BGB) in conjunction with section 1 (1), (2) and (4) BGB Information Duty Ordinance (BGB-InfoV) and with the duties of the seller pursuant to § 312e (1) sentence 1 BGB in conjunction with section 3 BGB-InfoV. Only in the case of goods not capable of being sent by parcel post (e.g. bulky goods) may the customer also declare the return by filing a request in textual form to take back the goods. In order to comply with the period set, it suffices if the goods or the request for the goods to be taken back are/is sent in good time.

The customer has to pay for the return if the delivered goods correspond to the ordered and if the price doesn't exceeds Euro 40,-. Otherwise the return is free of charge.

The return dispatch or the request for the goods to be taken back must be effected  to: Eule Film - Johannes Eckelmann,  Niedermuschützer Str. 6, D-01665 Diera-Zehren, Germany; E-mail: shop@orgeln-audiovisuell.de.

In the event of effective return, the benefits respectively received by each party have to be returned and any use derived surrendered (e.g. advantages of use). In the event of deterioration of the goods, compensation for the value may be demanded. This does not apply if the deterioration of the goods is solely due to the examination thereof – such as would have been possible for customer at a shop for example. In all other respects the customer can avoid an obligation to compensate for the value caused by the deterioration of the goods through making use of the goods for the purpose for which they were intended, if the customer does not use the goods as his property and refrains from doing anything adversely affecting the value thereof. Obligations to refund payments must be met within 30 days. The period starts to run for the customer on the date when the goods or request for the goods to be taken back are/is sent, for the Seller is commences upon receipt.

The right of revocation does not exist in the case of distance sales contracts:
- for the supply of goods manufactured in accordance with customer specifications or clearly customized for personal requirements or which, due to the nature thereof, are not suitable for return (e.g. for hygienic reasons) or which are quickly perishable or where the use-by-date will have expired,
- for the supply of audio or video recordings or software, if the seals on the data media supplied have been broken by the customer,
- for the delivery of newspapers, magazines and periodicals.

End of the instructions on the right of return
 
8. Rescission by the seller
The seller has the right to rescind the contract if it is foreseeable that the delivery is not possible for a considerable period of time.

9. Reservation of title
The goods delivered shall remain the property of the seller pending final payment of all claims to which the seller is entitled from the customer.

10. Right of retention, set-off, reduction of price
Even if complaints on account of defects or counterclaims are asserted, the customer only has the right of retention, of set-off or the right to reduce the price if the Seller has expressly consented to this or if counterclaims are declared final and absolute.

11. Data privacy
11.1 The seller has the right to electronically store and process the data provided by the customer.
11.2 The seller uses the data solely in its business relations with the customer.
11.3 Further details can be found in the instruction sheet on "Privacy Noticey" available on the website www.orgeln-audiovisuell.de.

12. Liability and compensation
12.1 Any claims for compensation in the event of default of performance and impossibility for which the seller is responsible, insofar as this is due to slight negligence by the seller, are limited to the amount of the purchase price and to damage incurred as a result of the alternative procurement of the goods.
12.2 Force majeure and other business interruptions which the seller is unable to prevent, unless they are only of a temporary nature, release the seller from the duty to supply.
12.3 Save as otherwise provided, claims for compensation by the customer are excluded, irrespective of the legal ground, in particular on account of defects. This does not apply in the event of compulsory liability, e.g. in cases of intent, gross negligence, on account of fatal or physical injury, damage to health and due to the breach of essential contractual duties. A claim for compensation for the breach of essential contractual duties is, however, limited to foreseeable damage typical of the type of contract, insofar as there is slight negligence.

13. Details for communications
Eule Film - Dr. Sabine und Johannes Eckelmann GbR
Niedermuschützer Str. 6
D-01665 Diera-Zehren
Germany
Tel.: +49-(0)35247-56835
E-mail:shop@orgeln-audiovisuell.de
Website: www.orgeln-audiovisuell.de
 
14. Applicable law, place of performance, jurisdiction and venue
14.1 The law of the Federal Republic of Germany applies to the entire legal relationships between the customer and the seller.
14.2 The place of performance for all obligations ensuing from the contractual relationship with the seller is Meißen, provided that the customer is a businessman.
14.3 The courts of Meißen shall have jurisdiction and venue in those cases where the customer is a businessman or has no place of general jurisdiction in Germany.

15. Concluding an electronic contract for a transaction
15.1 Contracts can be concluded in English or German.
15.3 Before the customer can make a legally-binding electronic purchase offer, the customer has to confirm that he has read our Terms and Conditions (AGB)  and consents to the application thereof. Confirmation is given by clicking the respective box.
15.4 The customer must also click the respective box to confirm that he has read the instruction sheet on "Privacy Notive" and gives his consent in this respect.
15.5 The data provided by the customer are summarized again at the end of the order process. They can be corrected by the customer if necessary.
15.6 The customer may interrupt the order process at any time before sending off the electronic order, simply by clicking other headings outside the order window on the website "www.orgeln.audiovisuell.de" or by closing the order window.
15.7 By clicking the button "send order" ("Bestellung abschicken") the customer transmits his order and the data connected with the order to the seller.
15.8 The seller confirms receipt of the electronic order electronically without delay, i.e. no later than 24 hours after the order is placed.
15.9 The order data transmitted are stored at the Orgeln audiovisuell shop. The customer can establish which data are stored by approaching the contact address given in section 13. Section 11 applies accordingly.

16. Severability clause
16.1 If any individual provisions, including this provision, should be ineffective in whole or in part or if the contract should contain a gap, the effectiveness of the remainder of the provisions shall remain unaffected.
16.2 Any ineffective or missing provisions shall be replaced by the respective provisions of statute.

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